Chapter 135 (H.4885) – Registration

October 22, 2024

The following should not be taken as legal advice.

Special Note: Previously there was no requirement for citizens moving into Massachusetts to register their firearms.

Section 32 of Chapter 135 of the Acts of 2024 mandates that: “All firearms possessed, manufactured or assembled in the commonwealth shall be registered in accordance with this section.”

• Firearm registration shall be completed at the time of firearm import, purchase, acquisition, manufacture or assembly.
• It is very important to note the new definition of “Firearm” now includes
• Frames or receivers
• Unfinished frames or receivers. (See definition below)

Registration mandates:

• New residents have 60 days to register their firearms with the Commonwealth.
• Retailers, gunsmiths, distributors or manufacturers have 7 days to register inventory once the firearms have been acquired.
• An heir or “devisee” through the distribution of an estate has 7 days to comply.
• If a firearm is manufactured or assembled as a privately made firearm it must be registered within 7 days.

Timelines:

• SECTION 154 of Chapter 135 mandates that the state must notify all individuals with licenses to carry and firearm identification cards of the registration mandate within six months of effective date of the law.
• SECTION 157 of Chapter 135 establishes that the electronic firearms registration system be established within 1 year of the effective date.
• SECTION 157 of Chapter 135 states that all firearms shall be registered not later than 1 year after the electronic firearms registration system is completed and publicly available.

Non-residents

• All non-residents must register their firearm/s prior to entering the state for any use other than traveling through.
• Non-residents are no longer exempt from possessing handguns and any semi-automatic firearms for any purpose. (Would now require a temporary LTC.)
• Bans youth non-resident hunting. (Under 18)
• Bans the possession of large capacity feeding devices by licensed non-residents.

Commentary:

• There are many questions as to whether the current MIRCs system will be used to fulfill these mandates. There has been no official word from the state on this matter.
• In what we hope is simply poor legal drafting, there is no specific delay for SECTION 32 (Registration) as is the case with other sections. (For instance: SECTION 159. Sections 38 and 75 shall take effect 18 months after the effective date of this act.)
• It is unclear how non-residents will comply or even be warned.

“Firearm”, a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet; the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm; provided, however, that “firearm” shall not include any antique firearm or permanently inoperable firearm.

“Unfinished frame or receiver”, a forging, casting, printing, extrusion, machined body or similar item that: (i) has reached a stage in manufacture when it may readily be completed or assembled to function as a frame or receiver; or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed or assembled; provided, however, that “unfinished frame or receiver” shall not include a component designed and intended for use in an antique firearm.